Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
Surely it would have conduced--especially in the painful excitement
of the public mind on the subject at the time--to the satisfactory
administration of justice, if it had been allowed Sir William
Follett--without his being placed in the insidious position of
appearing to press unduly against a prisoner being tried for his
life--to combine and contrast these various circumstances, as he, of
almost all men, could have best combined and contrasted them. The jury
should have had their minds solemnly and authoritatively directed to
the question, for instance, whether this last observation of M'Naughten
made to Dr Munro was a spontaneous, genuine indication of utterly
subverted mental faculties, continuing from the moment of his shooting
Mr Drummond; or an effort of anxious astuteness to give effect to
the suggestion which he may have believed would save his life. And,
moreover, this and other circumstances should have been accompanied
by a direction to the jury, in accordance with that of Lord Denman in
Oxford's case,[37] and with the following canon, subsequently laid
down by the Judges in their answer to the first question proposed by
the Lord Chancellor[38]--viz., "That notwithstanding the party did the
act with a view, under insane delusion, of _redressing_ or _revenging
some supposed grievance or injury_, he is nevertheless punishable,
if he knew at the time that he was acting contrary to the law of the
land." Could M'Naughten be again tried on this charge, this is the
precise question which would be left to the jury. Mr Alison, in his
_Principles of the Criminal Law of Scotland_,[39] thus lays down the
rule applicable to such cases, in commenting on that of Bellingham:--
"Unquestionably, the mere fancying a series of injuries to have
been received will not serve as an excuse for murder--for this
plain reason, that, supposing it true that such injuries had been
received, they would have furnished no excuse for the shedding of
blood. On the other hand, however, such an illusion as depriving
the pannel of the sense that _what he did was wrong_ amounts to
legal insanity, though he was perfectly aware that murder in
general was a crime."
Public-domain text, read in full here on John Shaqi.
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